Three Facing Charges In Boy's BB Gun Death

Skyler Richardson, 10, who died Wednesday night from a March 13 BB gun shooting, shows his award for being "Top ‘Dawg' of the Month," meaning student of the month, in September 2012. (PROVIDED TO THE LEDGER)

Published: Thursday, March 21, 2013 at 12:01 a.m.

Last Modified: Friday, March 22, 2013 at 12:46 a.m.

FROSTPROOF | The family of a 10-year-old boy who died after being shot with a BB gun is now in legal limbo — with three people facing the possibility of criminal charges.

That includes 13-year-old Taylor Richardson, who investigators say shot his brother, Skyler, on March 13. It also includes his mother and her boyfriend.

Skyler's death also sent waves of tears through his school, Ben Hill Griffin Jr. Elementary in Frostproof, with six counselors scurrying to help his grieving classmates.

The Richardson boys were outside their mobile home on Otto Polk Road that evening, shooting at targets with BB guns, according to the Polk County Sheriff's Office.

Sheriff's investigators say Taylor and Skyler were also shooting each other with air from their pump-action guns when Taylor shot Skyler from a distance of about six inches, but the gun had a BB in it.

A BB went from above Skyler's right ear to the other side of his skull, according to the Sheriff's Office. Skyler was flown to St. Joseph's Hospital in Tampa. He died Wednesday night.

"Even though it appears to be a tragic accident on the part of the 13-year-old, his conduct was still legally culpable," Sheriff Grady Judd said Thursday. He said the death is now labeled a homicide.

"The investigation is ongoing, and we will consult with the State Attorney's Office when it is complete."

Skyler lived with his brother; mother, Heather Richardson; and her boyfriend, Gary Brown. Investigators said Heather Richardson was cooking dinner and periodically checking on the boys when Skyler was shot.

Judd said Richardson and Brown may be legally responsible, too, as investigators determine what, if any, role their actions played in contributing to the death.

There was no answer to phone messages left at their home Thursday.

Rusty Franklin, a Bartow defense lawyer and former prosecutor, said Taylor faces a spectrum of possibilities in the justice system.

Prosecutors will strongly consider that "this family has suffered" and Taylor is just 13, Franklin said.

"Theoretically, they could charge as an adult, but that seems unlikely," he said. "The worst thing he could face is manslaughter — homicide with culpable negligence." That charge includes actions involving reckless disregard for human life.

If charges are filed, "the least could be all the way down to a simple culpable negligence," a misdemeanor, he said.

At his school, many students were hit hard by Skyler's death, Principal Patti McGill said.

Skyler was "an awesome student and a great kid," McGill said.

The fourth-grader was the student of the month in September.

The award said he "maintains an awesome attitude toward learning every day" and helps others finish their assignments after he finishes his.

McGill said a grief team of six counselors spoke with "a steady stream of students" Thursday.

"Some cry. Some are very quiet, and some you would never know what happened," she said.

McGill said she and counselors addressed children who had been in Skyler's class.

It's not just the kids who are grieving, McGill said. She said the teachers "are pretty broken up, too."

Taylor attends seventh grade at Roosevelt Academy in Lake Wales, where Principal Debra Edwards said he is a good student and well-liked.

Taylor hasn't been in school since his brother was shot. His classmates have been told to be gentle with Taylor when he returns, Edwards said.

"We've asked the students to put themselves in Taylor's place," she said.

[ Ledger reporter Mary Toothman contributed to this story. Rick Rousos can be reached at rick.rousos@theledger.com or 863-802-7509. ]

<p>FROSTPROOF | The family of a 10-year-old boy who died after being shot with a BB gun is now in legal limbo — with three people facing the possibility of criminal charges.</p><p>That includes 13-year-old Taylor Richardson, who investigators say shot his brother, Skyler, on March 13. It also includes his mother and her boyfriend.</p><p>Skyler's death also sent waves of tears through his school, Ben Hill Griffin Jr. Elementary in Frostproof, with six counselors scurrying to help his grieving classmates.</p><p>The Richardson boys were outside their mobile home on Otto Polk Road that evening, shooting at targets with BB guns, according to the Polk County Sheriff's Office.</p><p>Sheriff's investigators say Taylor and Skyler were also shooting each other with air from their pump-action guns when Taylor shot Skyler from a distance of about six inches, but the gun had a BB in it.</p><p>A BB went from above Skyler's right ear to the other side of his skull, according to the Sheriff's Office. Skyler was flown to St. Joseph's Hospital in Tampa. He died Wednesday night.</p><p>"Even though it appears to be a tragic accident on the part of the 13-year-old, his conduct was still legally culpable," Sheriff Grady Judd said Thursday. He said the death is now labeled a homicide.</p><p>"The investigation is ongoing, and we will consult with the State Attorney's Office when it is complete."</p><p>Skyler lived with his brother; mother, Heather Richardson; and her boyfriend, Gary Brown. Investigators said Heather Richardson was cooking dinner and periodically checking on the boys when Skyler was shot. </p><p>Judd said Richardson and Brown may be legally responsible, too, as investigators determine what, if any, role their actions played in contributing to the death.</p><p>There was no answer to phone messages left at their home Thursday.</p><p>Rusty Franklin, a Bartow defense lawyer and former prosecutor, said Taylor faces a spectrum of possibilities in the justice system.</p><p>Prosecutors will strongly consider that "this family has suffered" and Taylor is just 13, Franklin said.</p><p>"Theoretically, they could charge as an adult, but that seems unlikely," he said. "The worst thing he could face is manslaughter — homicide with culpable negligence." That charge includes actions involving reckless disregard for human life.</p><p>If charges are filed, "the least could be all the way down to a simple culpable negligence," a misdemeanor, he said.</p><p>At his school, many students were hit hard by Skyler's death, Principal Patti McGill said.</p><p>Skyler was "an awesome student and a great kid," McGill said.</p><p>The fourth-grader was the student of the month in September. </p><p>The award said he "maintains an awesome attitude toward learning every day" and helps others finish their assignments after he finishes his. </p><p>McGill said a grief team of six counselors spoke with "a steady stream of students" Thursday. </p><p>"Some cry. Some are very quiet, and some you would never know what happened," she said.</p><p>McGill said she and counselors addressed children who had been in Skyler's class.</p><p>It's not just the kids who are grieving, McGill said. She said the teachers "are pretty broken up, too."</p><p>Taylor attends seventh grade at Roosevelt Academy in Lake Wales, where Principal Debra Edwards said he is a good student and well-liked.</p><p>Taylor hasn't been in school since his brother was shot. His classmates have been told to be gentle with Taylor when he returns, Edwards said.</p><p>"We've asked the students to put themselves in Taylor's place," she said.</p><p>[ Ledger reporter Mary Toothman contributed to this story. Rick Rousos can be reached at rick.rousos@theledger.com or 863-802-7509. ]</p>